Volume 5 : 1
Translation Challenges of the Inter-American Court of Human Rights and Cost-Effective Proposals for Improvement
American Convention on Human Rights Articles 46(1)(a) and 46(2)(c): Achilles Heel or Trojan Horse?
Measures of Reparation for Victims of Gross Human Rights Violations: Developments and Challenges in the Jurisprudence of Two Regional Human Rights Courts
The Institutionalization of People with Mental Disabilities: Comparative Analysis between Its Treatment under the Inter-American and European System of Human Rights
Interpreting the European Convention: What can the African Human Rights System Learn from the Case Law of the European Court of Human Rights on the Interpretation of the European Convention?
Gobernar desde abajo: Del control de convencionalidad a la instrumentalización de la inversión estructural de la pirámide kelseniana
Advocacy for a U.S. Commission of Inquiry on Torture in the Context of the “War on Terror” Inspired by the Latin American Experience: Chile and El Salvador
El sistema africano: Pilar más incipiente de la trilogía de mecanismos regionales de salvaguardia de los derechos humanos
Implementation of Judgments: Should Supervision be Unlinked from the General Assembly of the Organization of American States?
Translation Challenges of the Inter-American Court of Human Rights and Cost-Effective Proposals for Improvement
American Convention on Human Rights Articles 46(1)(a) and 46(2)(c): Achilles Heel or Trojan Horse?
Measures of Reparation for Victims of Gross Human Rights Violations: Developments and Challenges in the Jurisprudence of Two Regional Human Rights Courts
The Institutionalization of People with Mental Disabilities: Comparative Analysis between Its Treatment under the Inter-American and European System of Human Rights
Interpreting the European Convention: What can the African Human Rights System Learn from the Case Law of the European Court of Human Rights on the Interpretation of the European Convention?
Gobernar desde abajo: Del control de convencionalidad a la instrumentalización de la inversión estructural de la pirámide kelseniana
Advocacy for a U.S. Commission of Inquiry on Torture in the Context of the “War on Terror” Inspired by the Latin American Experience: Chile and El Salvador
El sistema africano: Pilar más incipiente de la trilogía de mecanismos regionales de salvaguardia de los derechos humanos
Implementation of Judgments: Should Supervision be Unlinked from the General Assembly of the Organization of American States?
Year
2012
Volume
5
Number
1
Page
49
Language
English
Court
Reference
G. CITRONI, “Measures of Reparation for Victims of Gross Human Rights Violations: Developments and Challenges in the Jurisprudence of Two Regional Human Rights Courts”, IAEHR 2012, nr. 1, 49-71
Recapitulation
The notions of victims of and measures of reparation for gross human rights violations have consistently evolved over the years. This contribution aims to analyse such development and the existing discrepancies in the jurisprudence of the European and the Inter-American Court of Human Rights, as well as the possibilities for further evolution. It is held that victims of gross human rights violations are not only those – individuals or communities – who directly suffer the harm, but also other people, such as relatives, who have suffered harm, be it physical, mental or economic, as a result of the violations. To a larger extent, also society as a whole shall be included in the notion of victim. Accordingly, also measures of reparation in cases of gross human rights violations cannot be limited to pecuniary compensation, but shall encompass measures of restitution, rehabilitation, satisfaction and guarantees of non-repetition. The participation of victims and their relatives in the design and implementation of programmes of reparation or in the choice of the most appropriate measures to pursue this end is critical to ensuring that measures of reparation have a real impact.
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